Regulation 347: Ontario’s Waste Law

Regulation 347 is part of the Environmental Protection Act (EPA), an Ontario provincial legislation. The regulation focuses on waste management as a way to protect public health and safety by tracking disposal of hazardous and non-hazardous waste. It covers waste generator (the company that produces the waste), carrier (the company that transports the waste) and receiver (the company that takes the waste) requirements.

Regulation 347 states:

Waste generators must be able to characterize their waste prior to disposal. They must identify their waste using the Registration Guidance Manual for the Generators of Liquid Industrial and Hazardous Waste

This means that companies must know what their waste is and be able to properly identify it for disposal to an approved facility. After all, no one wants to receive something they don’t know on their doorstep – it’s unsafe. Refer to the “schedules” that list applicable contaminants here

Under Regulation 347 of the Environmental Protection Act, generators of liquid industrial and hazardous waste are required to register their waste generation facilities with the Ministry.

Liquid industrial waste (LIW) is literally just that – liquid waste.It is NOT something like sewage, hazardous waste, or waste that is less than 25 litres a month.Essentially, LIW is not a lot of things – refer to the “liquid industrial waste” definition in the regulation.

Hazardous waste – now here’s a real list. Whereas LIW is not a lot of things, hazardous waste includes and excludes a lot. It’s best to double, triple or quadruple check the regulation – and then check again to make sure.

Once you know what your waste is, it’s essential to let the government know HOW the waste is being carried and the PLACE it will be disposed. This is done by using waste manifests. But first, a waste generating company must register on the Hazardous Waste Information Network (HWIN).

HWIN

HWIN is a website required under the Land Disposal Restrictions (LDR) in Regulation 347. It was created by the Ministry of the Environment (MOE) for registering and tracking waste and all businesses generating and/or storing waste that is subject to the Regulation must register.The generator must first determine if the waste is subject to the regulation. It is the generator’s responsibility to ensure that the waste is properly characterized. Not the carrier. Not the receiver. Not the carrier’s grandmother.

Consult an environmental firm for assistance in determining characterization if necessary. Double check for accuracy too – everyone makes mistakes and the last thing you want is for your waste to be “misdiagnosed.”

Once the generator has determined the TYPE of waste, they must upload pertinent information such as the quantity and, of course, pay a fee.
Following that is where the fun begins – manifesting.

Waste Manifests

Waste manifests are paper trails for the MOE to discover what the waste was, how much there was, who took it and who treated it. There are 6 pages to a waste manifests, each a different colour. The waste generator, the carrier and the receiver will each obtain a copy. Copies are also sent to the MOE.

Mail manifests to MOE

Copy 1 (white): mailed to MOE by the waste generator. Complete/sign

Copy 2 (green): waste generator copy

Copy 3 (yellow): mailed to MOE by the carrier

Copy 4 (pink): carrier copy

Copy 5 (blue): receiver copy

Copy 6 (brown): goes back to the generator after the receiver obtained the waste. Staple to Copy 2 and keep for a minimum of 2 years

Regulation 347, like most regulations, is fairly complex and potentially the most difficult to understand. As always, consult an environmental firm for more assistance.

I personally don’t see the need for courier or registered mail. Manifests are expensive enough as it is, especially if you’re generating a lot of waste. As long as you keep a log of when you send them, you should be fine.